Matter of Legacy at Fairways Townhomes, LLC v Planning Bd. of Town of Victor
2013 NY Slip Op 08680 [112 AD3d 1292]
December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


In the Matter of Legacy at Fairways Townhomes, LLC, et al., Respondents, v Planning Board of Town of Victor, Appellant. (Appeal No. 2.)

—[*1] The Wolford Law Firm LLP, Rochester (Michael R. Wolford of counsel), for respondent-appellant.

Adams Bell Adams, P.C., Rochester (Anthony J. Adams, Jr., of counsel), for petitioners-respondents.

Appeal from a judgment (denominated decision, judgment and order) of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered October 24, 2012 in a CPLR article 78 proceeding. The judgment, inter alia, granted the petition.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Same memorandum as in Matter of Legacy at Fairways, LLC v Planning Bd. of Town of Victor (112 AD3d 1289 [2013]). Present—Scudder, P.J., Smith, Fahey, Sconiers and Valentino, JJ.